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Anti-Trust | New York Southern
Order
ORDER denying without prejudice 2545 Letter Motion to Seal. The Court is in receipt of the letter at Dkt. No. 2545 filed by the Winn-Dixie Plaintiffs renewing their request to seal their entire opposition to Keurig's fee petition (Dkt. No. 2 542 (the "Opposition")) and attached exhibits (Dkt. Nos. 2542-1; 2542-2; 2542-3; 2542-4; 2542-5 (the "Exhibits")) to "protect the confidentiality interests of Winn-Dixie and Keurig." (Dkt. No. 2541 (the "Second Sea ling Request")). The Court previously denied without prejudice the first sealing request filed by the Winn-Dixie Plaintiffs (Dkt. No. 2541 (the "First Sealing Request")) because "the Winn-Dixie Plaintiffs d[id] not specify what p ortions of the Opposition and Exhibits are confidential or why they are confidential, [and] did not file a publicly available version of the Opposition and Exhibits with the confidential information redacted[.]" (Dkt. No. 2543). In the Second Sealing Request, although the Winn-Dixie Plaintiffs state that the confidential information "relates to attorney work product," they still do not specify what portions of the Opposition and Exhibits are confidential, nor did they file a p ublicly available version with the confidential information redacted, as the Court directed. (Dkt. No. 2545). Instead, the Winn-Dixie Plaintiffs state that the Opposition and Exhibits are "replete with discussion of the work product for which Keurig seeks fees" and therefore request that the entire Opposition and Exhibits remain under seal. While attorney work product may be a basis for sealing, unless and until the Winn-Dixie Plaintiffs provide proposed redacted versions of the Op position and Exhibits, the Court cannot make a definitive ruling. Accordingly, the Second Sealing Request is DENIED WITHOUT PREJUDICE. By September 22, 2026, the Winn Dixie Plaintiffs may file a third, and final, sealing request with proposed redacti on versions of the Opposition and Exhibits. The Clerk of Court is respectfully directed to close Dkt. No. 2545 and to keep the Opposition (Dkt. No. 2542) and the Exhibits (Dkt. Nos. 2542-1; 2542-2; 2542-3; 2542-4; 2542-5) temporarily under seal pend ing a new sealing request from the Winn-Dixie Plaintiffs. If by September 22, 2026, the Winn-Dixie Plaintiffs do not file another sealing request, the Court will direct the Clerk of Court to unseal the Opposition and Exhibits. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 9/17/2026) (ar)
Seal
LETTER MOTION to Seal Renewed Letter Motion to Seal addressed to Magistrate Judge Sarah L. Cave from Patrick J. Ahern dated September 16, 2026. Document filed by Winn-Dixie Stores, Inc...(Ahern, Patrick)
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